United States Ninth Circuit

A suit brought by Medicaid recipients against officials of the state of Hawaii, concerning the distribution of tobacco litigation settlement funds, is not barred by sovereign immunity under Ex Parte Young, but the claims are precluded by 1999 amendments to the Medicaid statute.

Appellate Information

• Argued 11/06/2001
• Decided 11/18/2002
• Published 11/18/2002

Judges

• Before THOMPSON, O'SCANNLAIN and BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Antonio Ponvert, III, Bridgeport, Connecticut, for the plaintiffs-appellants.


• For Appellees:
  
• Charles Fell, Deputy Attorney General, Honolulu, Hawai‘i, for the defendants-appellees.